PUSHPA SHARMA Vs. ABDUL RAZZAK

JUDGEMENT

(1.) Instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been filed by the claimants-appellants against the impugned judgment and award dtd. 12/1/2012 passed by the Court of Motor Accident Claims Tribunal, Jaipur City, Jaipur (for short 'the Tribunal'), in M.A.C. No.454/1999 titled as Smt. Pushpa Sharma Vs, Shri Abdul Razzak and Others, whereby ld. Tribunal had allowed the claim petition and awarded compensation to the tune of Rs.19,35,000.00 in favour of the claimants-appellants on account of death of one Dinesh Chandra Sharma, in a road accident took place on 30/1/1999.

(2.) Submissions of learned counsel appearing for the claimants-appellants are that the ld. Tribunal had earlier passed a final award of Rs.12,86,000.00 in favour of claimants-appellants. Against the aforesaid final award, S.B. Civil Misc. Appeal No.1304/2000 was filed and the same was decided on 30/6/2011 with the direction to remand back the matter to ld. Tribunal for reconsideration of Issue No.4. The ld. Tribunal decided the said matter vide its order dt.12/1/2012 and enhanced the award amount to Rs.19,35,000.00. The earlier award i.e. of Rs.12,86,000.00 was adjusted in the enhanced award of Rs.19,35,000.00& the claimants-appellants were held entitled to get remaining difference amount of Rs.6,49,000.00 with interest. Further submission is that while computing compensation, 'loss of consortium', 'loss of estate' and 'funeral expenses' have not been taken into consideration properly and overall assessment of the compensation is too low, highly unreasonable and against well settled law governing quantum of compensation. The interest awarded to the tune of @ 6% per annum is inadequate and the claimants are liable to get 18% interest on the awarded money. Hence, the present appeal may be allowed and the award amount be enhanced suitably.

(3.) In support of his submissions, learned counsel appearing for the claimants-appellants, has placed reliance upon the judgments of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Others, (2017) 16 SCC 680 and in the case of Magma General Insurance Company Limited Vs. Nanuram and Others, (2018) 18 SCC 130, wherein reasonable figures on conventional heads, namely 'loss of estate', 'loss of consortium' and 'funeral expenses' held to be Rs.15,000.00, 40,000/- and Rs.15,000.00respectively. The aforesaid amounts should be enhanced at the rate of 10% in every three years.